Adulterated food

  1. Law
  2. Arkansas Code
  3. Public Health and Welfare
  4. Food, Drugs, and Cosmetics
  5. General Provisions
  6. Food, Drug, and Cosmetic Act
  7. Adulterated food

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A food shall be deemed to be adulterated:

  1. (1)

    1. (A) If the food bears or contains any poisonous or deleterious substance which may render the food injurious to health.

    2. (B) However, if the substance is not an added substance, the food shall not be considered adulterated under subdivision (1)(A) of this section if the quantity of the substance in the food does not ordinarily render the food injurious to health;

  2. (2) If the food bears or contains any added poisonous or added deleterious substance which is unsafe within the meaning of § 20-56-218;

  3. (3) If the food consists, in whole or in part, of a diseased, contaminated, filthy, putrid, or decomposed substance, or if the food is otherwise unfit for human consumption;

  4. (4) If the food has been produced, prepared, packed, or held under insanitary conditions where the food may have become contaminated with filth, or where the food may have been rendered diseased, unwholesome, or injurious to health;

  5. (5) If the food is the product of a diseased animal or an animal that has died otherwise than by slaughter or that has been fed, or has otherwise fed upon, the uncooked offal of other animals;

  6. (6) If the food's container is composed, in whole or in part, of any poisonous or deleterious substance which may render the food injurious to health;

  7. (7) If any valuable constituent has been, in whole or in part, omitted or abstracted from the food;

  8. (8) If any substance has been substituted wholly or in part for the food;

  9. (9) If damage or inferiority has been concealed in any manner;

  10. (10) If any substance has been added, mixed, or packed with the food to increase the food's bulk or weight, to reduce the food's quality or strength, or to make the food appear better or of greater value than the food is;

  11. (11)

    1. (A) If the food is confectionery and the food bears or contains any alcohol or nonnutritive article or substance except harmless coloring, harmless flavoring, harmless resinous glaze not in excess of four-tenths of one percent (4/10 of 1%), harmless natural wax not in excess of four-tenths of one percent (4/10 of 1%), harmless natural gum, and pectin.

    2. (B) However, this subdivision (11) shall not apply to:

      1. (i) Confectionery containing less than five percent (5%) by volume of alcohol, if the alcohol is in a nonliquid form as a result of being mixed with other substances; or

      2. (ii) Chewing gum containing harmless nonnutritive masticatory substances; or

  12. (12) If the food bears or contains a coal tar color other than one from a batch which has been certified under authority of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301.


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